Rethinking Amnesties and the Function of the Domestic Judge

The award of amnesties or pardons has been used time and again to facilitate the attainment peace after a civil war. However, this practice condemned by human rights other international bodies as incompatible with duty states under law investigate, prosecute punish violations victims’ access justice truth. Due incompatibility, function domestic (constitutional) judge is none than strike down amnesty legislation null void. This appears be prevailing narrative in contemporary discourse. present contribution takes issue narrative. It position that effect regional jurisprudencehas condition, opposed wholesale outlaw, use post-conflict peace-building tool. defends view while blanket are increasingly considered today, does not mean all prohibited. From perspective, article argues proper constitutional courts performance constitutionality control should take different shape; instead querying whether uphold its entirety, Constitutional Courts condition criteria – such their part broader transitional package including truth telling compensation monitor implementation on case-by-case basis.